Broken Hill Water and Sewerage (Amendment) Act 1956 (NSW)

BROKEN HILL WATER AND SEWERAGE

(AMENDMENT) ACT.

Act No. 40 ,1956 .

An Act to make further provision relating to cer- tain members of the Broken Hill Water Board; for this and other purposes to amend the Broken Hill Water and Sewerage Act, 1938-1954; and for purposes connected therewith. [Assented to, 21st November, 1956.1

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legis-	lative Council and Legislative Assembly of New South
Wales in Parliament assembled, and by the authority of the same, as follows :—
1 . (1) This Act may be cited as the "Broken Hill Water and Sewerage (Amendment) Act, 1956". (2)

(2) This Act shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

(3) The Broken Hill Water and Sewerage Act, 1938, as amended by subsequent Acts and by this Act, may be cited as the Broken Hill Water and Sewerage Act, 1938-1956.

2 . The Broken Hill Water and Sewerage Act, 1938-

1954, is amended—

(a) (i) by omitting from paragraph (a) of sub­

section four of section four the words

"president o r " ;

(ii)   by omitting from the same paragraph the words "either a member of the Public

Service Board o r " ;

(b) (i) by omitting from subsection two of section eight the words " A vice-president who is not a member of the Public Service Board and each" and by inserting in lieu thereof

the word " E a c h " ;

(ii)   by omitting subsection three of the same section and by inserting in lieu thereof the following subsection:—

(3) The vice-president shall, notwith­ standing the provisions of any Act or of any rule or regulation made under any

Act, be entitled to receive remuneration under this section and section nine of this Act in addition to any remuneration to which he is entitled as an officer of the public service.

(iii)   by inserting in subsection four of the same section after the word "member" the words "other than president";

( i v )

(iv)   by inserting next after the same subsection the following new subsect ions:—

(5) The pres ident shall not dur ing his t e rm of office engage in any t r ade , business, or in any pa id employment other than the performance of his duties under th is Act.

(6) (a ) W h e r e the pres ident of the board

was not immediately before his appoin tment as such a contr ibutor to the S ta te Super­ annua t ion F u n d he shall if he was immedi­ ately before his appoin tment a pe rmanen t servant within the meaning of the Local Government and Other Author i t i es (Super ­ annuat ion) Act, 1927-1954, continue to be such a pe rmanen t servant or if he was not immediately before his appoin tment such a pe rmanen t se rvant he m a y within three months after his appoin tment elect in wr i t ing addressed to the board to become such a pe rmanen t servant . The board shall in respect of any pres ident so continuing or electing to be such a pe rmanen t se rvant be deemed to be a council within the mean­ ing of the said Act.

(b) W h e r e the pres ident of the board

was immediately before his appoin tment as such a contr ibutor to the S ta te Superannua­

tion F u n d he shall r e ta in any r igh ts which

immediately before his appoin tment have accrued or a re accruing to him under the Superannua t ion Act, 1916, as amended by subsequent Acts, and shall continue to contr ibute to any fund or account, and shall be entit led to receive any annual leave, sick leave or long service or extended leave and any payment , pension, or g ra tu i ty as if he had continued to be a se rvan t of the employer by whom ho was employed

immediately

immediately before bis appointment or an employee within the meaning of the Superannuation Act, 191G, as amended by subsequent Acts, as the case may be.

For the purposes of this paragraph the service of a servant with the employer by whom such servant was employed immedi­ ately before his appointment shall be deemed to be service with the board.

In respect of a president to whom this paragraph applies the board shall pay to the State Superannuation Board such contributions and payments as would have been payable by the employer by whom he was employed immediately before his appointment if such president had remained a servant of such employer and had been paid remuneration as salary at the rate paid to him under this Act.

(c) Where the president of the board was not immediately before his appoint­ ment as such a contributor to the State Superannuation Fund he shall for the pur­ poses of determining his entitlement to annual leave, sick leave or long service or extended leave be deemed to be an officer of the board and if he immediately before bis appointment was an officer of the board	his service as president shall for such
purposes be deemed to be service as an
officer of the board.

(d) A person who, immediately

before his appointment as president, was an officer of the public service and who ceases to be president from any cause what­ soever otherwise than in pursuance of section six of this Act (paragraph (b)

excepted)

excepted) shall if he is under the age of s ixty yea r s be appoin ted to some office in the public service not lower in classification and sa la ry than tha t which he held immedi­ ately before his appoin tment as pres ident .

(c)	by omitting from section nine the words "A vice-president who is not a member of the Public Service B o a r d " and by inser t ing in lieu thereof
the words " T h e v i ce -p res iden t " ;
(d)	by inserting next after section nineteen the following now section:—

19A. (1) Any officer of the public service who, a t the commencement of the Broken Hil l W a t e r and Sewerage (Amendment ) Act, 1956, is employed in the Broken Hill Dis t r ic t of the Public W o r k s Depa r tmen t and who, within three months af ter the said commencement t e rmina tes his employment in the public service and enters the service of the boa rd shall, if immediately before he entered the service of the board he was a cont r ibutor to the S ta te Superannua t ion Fund , re ta in any r igh ts which immediate ly before he entered the service of the board had accrued or were accruing to h im as an officer of the public service or as an employee within the meaning of the Superannua t ion Act, 1916, as amended by subsequent Acts , and shall continue to contr ibute

to any fund or account, and shall be enti t led to

receive any annual leave, sick leave or long service or extended leave and any payment , pension, or g ra tu i ty as if he h a d continued to be an officer of the public service or an employee within the meaning of the Superannua t ion Act, 1916, as amended by subsequent Acts , as the case may be.

(2) F o r the purposes of subsection one of this section, service with the public service shall be deemed to be service with the board.

(3)

(3) In respect of any person to whom ] subsection one of this section applies the board shall pay to the State Superannuation Board such contributions and payments as would have been payable by his employer if such person had

= remained an officer of the public service and had

been paid salary or wages at the rate paid to
him by the board.

(4) The provisions of the Local Govern- ment and Other Authorities (Superannuation) Act, 1927-1954, shall not apply to any person to whom subsection one of this section applies.

(e)	by omitting from subsection one of section twenty the word "Secretary-manager" and by inserting in lieu thereof the word "Secre ta ry" ;
(f)	by inserting in section 24A after the Avords "for the accommodation of" the words " the president and" .